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(영문) 서울남부지방법원 2019.07.05 2018나67082
구상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. With respect to the Plaintiff’s C Vehicle (hereinafter “Plaintiff’s Vehicle”), the Defendant (hereinafter “Defendant’s Vehicle”) is an insurer who has concluded each automobile insurance contract regarding D vehicles.

B. On June 21, 2018, the Plaintiff’s vehicle entered the three-lanes from the third-lanes to the second-lanes among the three-lanes in the direction of the Gonam-dong, Ansan-si, the Plaintiff’s vehicle entered the two-lanes, and the Defendant’s vehicle proceeding on the first-lanes entered the two-lanes, causing an accident that conflicts between the Plaintiff’s vehicle’s left side and the front side of the Defendant’s vehicle

(hereinafter referred to as “instant accident”). C.

On June 27, 2018, the Plaintiff paid KRW 800,000, which deducts KRW 200,000 as the repair cost of the Plaintiff’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole video and pleading

2. Determination on the cause of the claim

A. The Plaintiff asserts that the instant accident occurred due to the alteration of the Defendant’s vehicle’s vehicle’s vehicle’s car in an unreasonable manner, and that the instant accident occurred due to the total negligence of the Defendant’s driver.

Article 19(3) of the Road Traffic Act provides that "the driver of any motor vehicle shall not change course when it is likely to impede normal traffic of other motor vehicles running in the direction to which he/she intends to change his/her route, and Article 38(1) of the same Act provides that "the driver of any motor vehicle shall, when intending to change course while driving his/her motor vehicle in the same direction, use his/her hand, direction indicator or light until such act is completed."

However, the following facts and circumstances revealed by considering the above facts and the evidence mentioned above, that is, the Plaintiff’s vehicle enters the two lanes first by changing the two lanes, but the two lanes later than the Plaintiff’s vehicle.

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